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Attorneys representing three Minnesota girls’ high school softball players appeared before the U.S. Court of Appeals for the 8th Circuit on Thursday, asking the court to intervene in a lawsuit against Minnesota state agencies and Attorney General Keith Ellison for allowing a biologically male athlete to compete against girls.
The lawsuit, which was filed in the spring of 2025, was dismissed by US District Judge Eric Tostrud on September 19. But the plaintiffs and their lawyers at Alliance Defending Freedom (ADF) were determined to appeal the decision immediately.
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Champlin Park celebrates winning the State Championship as Bloomington Jefferson looks on. (Amber Harding)
“The crux of our argument to the Court of Appeals is that Title IX is for everyone, it protects fairness and safety in women’s sports in red states as well as blue states, and that when states allow men to compete in women’s sports, it takes away what takes away women’s rights and women’s opportunities in violation of Title IX,” Frampton told Pakinomist Digital.
The lawsuit aims to have a transgender pitcher who led Champlain Park High School to a state championship last spring ruled ineligible to compete in girls’ softball, as well as any other biological male ineligible to play girls’ sports in the state.
The 8th Circuit Court of Appeals expedited the case for an early hearing in January, which Frampton believes will be crucial to potentially resolving the issue before the 2026 softball season starts.
“We were really encouraged that the court expedited the argument so that they could have it in January, and we hope that signals that they intend to issue an opinion before the start of the softball season,” Frampton said.
Since the lawsuit was initially dismissed in September, Minnesota and its Democratic leadership have come under enormous scrutiny and arguably lost credibility due to the state’s growing welfare fraud scandal.
Potentially billions of tax dollars stemming primarily from a massive federal child nutrition scandal estimated at more than $9 billion in total fraud, along with a $250 million food aid scheme in the COVID era and other major Medicaid fraud cases, have sown growing distrust of Ellison and Gov. Tim Walz. Walz recently dropped his re-election bid amid growing criticism of his handling of the state’s fraud problem.
“It certainly suggests that the leadership in Minnesota should focus on things other than taking away girls’ rights, it seems like they have bigger fish to fry,” Frampton said.
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Just days after Frampton’s lawsuit was initially dismissed, the U.S. Department of Education and Health and Human Services ruled. it Minnesota education agencies violated Title IX by allowing the trans pitcher and other biological males to compete in girls’ sports.
“So we were able to cite it to the appellate court, we weren’t able to cite it to the appellate court. It wasn’t available when we were in front of the district court. So we’re hoping they’ll take the enforcement authorities’ views into consideration,” Frampton added.
After President Trump signed the executive order “Keeping Men Out of Women’s Sports” last February, the Minnesota State High School League announced it would defy federal law by allowing transgender athletes to continue playing women’s sports. Ellison then claimed at a press conference on April 22 that he received notice from the Department of Justice to threaten legal action if the state did not comply with the order. So the Attorney General decided to sue first.
Meanwhile, Ellison has already filed her own lawsuit against Trump and the DOJ to try to enforce its policies to protect girls’ sports in Minnesota. Ellison has boasted “tell them first” regarding the question.
Across the state, hundreds of school board members have signed a letter urging the administration to change its policies to allow only women to compete in girls’ sports. At the time of publication, 326 school board members in 125 Minnesota districts have signed the letter.
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Minnesota Governor Tim Walz speaks during a press conference on new gun laws at Bloomington City Hall in Bloomington, Minnesota on August 1, 2024. (Stephen Maturen/Getty Images)
“Protecting equity in women’s sports is paramount. The federal determination highlights how allowing men to compete on women’s teams displaces female athletes from podiums, denies them advancement opportunities, and diminishes their visibility and recognition in competition. Female students in our districts and across Minnesota deserve equal opportunities to excel in biological sports,” it says. reader.
“Protecting students’ privacy and dignity interests is equally important. As the federal findings observe, allowing men into women-only locker rooms and restrooms leads to documented harm to female students’ safety, privacy, and access to educational activities.”
Pakinomist Digital reached out to Ellison’s office for comment.
Ellison’s office declined to respond, telling Pakinomist Digital: “We’re going to decline to comment, so feel free to throw in another weird rant from Jack Brewer instead.”
